Being Sons Waiver & Release
ACKNOWLEDGEMENT OF RISKS, ASSUMPTION OF RISKS AND RESPONSIBILITY, AND RELEASE AND WAIVER OF LIABILITY (BEING SONS/QKD)
Please read thoroughly and sign below
WARNING
There are significant elements of risk in any outdoor activity associated with natural settings, including but not limited to rock climbing, rappelling, caving, hiking & orienteering, bush walking, dirt-bike riding, horseback riding, high ropes, low ropes / initiatives, canoeing, kayaking, track and field games, rafting, swimming, ziplines, potato cannons, leap of faith, archery, arts & crafts, outdoor cooking, fishing, and the presence or use of animals, and the use of any related equipment (referred to herein as “activity”). Although we at Being Sons and Quarry Kingdom Development (referred to herein as “QKD”) have taken reasonable steps to provide you with appropriate equipment and/or skilled instructors, supervisors, and guides so you can enjoy an activity for which you may not be skilled, we wish to remind you that this activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be cause of loss or damage to your equipment, accidental injury, illness, or in extreme cases, permanent trauma or death. We do not want to frighten you or reduce your enthusiasm for this activity, but we do think it is important for you to know in advance what to expect, and to be informed of the inherent risks.
ACKNOWLEDGEMENT OF RISKS
I acknowledge that the following describes some, but not all, of the inherent risks associated with activity provided by Being Sons/QKD:
1) Falling or being dropped; 2) Cold weather and heat related injuries and illnesses, heat exhaustion, heat stroke, hypothermia, and dehydration; 3) An “act of nature” which may include avalanche, rock fall, inclement weather, thunder and lightning, severe and/or varied wind, temperature or weather conditions; 4) Risk associated with crossing, climbing or down-climbing of rock, 5) Equipment failure and/or operator error; 6) Risks typically associated with watercraft including change in water flow or current; submerged, semi-submerged and overhanging objects; capsizing, swamping or sinking of watercraft and resultant injury, or drowning; 7) Impairment of my sense of balance, physical coordination, and ability to follow instructions; 8) Attack by or encounter with insects, reptiles, or animals; 9) Varied water and diet source; 10) Risk associated with dirt-bike riding; 11) Risk associated with horseback riding; 12) Accidents or illnesses occurring in remote places where there are no readily available medical facilities; 13) Fatigue, chill and/or dizziness, which may diminish your reaction time and increase the risk of accident; 14) Risk associated with travel to and from an activity; and (15) Risks associated with being hit with a projectile; 15) other risks associated with physical activities, including overexertion, unwelcomed touch, emotional distress, injuries due to lack of fitness or conditioning, instructor misjudgment or negligence; and 16) other environmental risks stemming from falling or rolling rocks, traveling by foot on uneven or rugged terrain, river currents, and hostile or disease-carrying wildlife or insects, which may lead to communicable disease exposure, allergen exposure, wounds, head injuries, sprains, strains or fractures, hypothermia, sunburn, heat illness, or drowning, among other injuries.
I understand the above description of possible risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
ASSUMPTION OF RISKS AND RESPONSIBILITY
Recognizing the inherent risks of the activity that I, and/or any minor children for which I am responsible for, will engage in, I confirm that I am (we are) physically and mentally capable of participating in the activity and using the equipment. I/We participate willingly and voluntarily. I assume and accept full responsibility for myself, including all minor children in my care, for loss or damage of personal property, bodily injury, illness, death, and any expenses as a result of the inherent risks and dangers of participating in the activity.
I acknowledge that wearing the safety equipment supplied by Camp Eagle (helmets, seatbelts, harnesses, personal flotation devices etc.) is a basic safety precaution and may help prevent serious injuries.
I recognize that Being Sons/QKD will operate in good faith, but that you may find it necessary to terminate an activity due to forces of nature, medical necessities, or other problems; and/or refuse or terminate the participation in an activity of any person you judge to be incapable of meeting the rigors or requirements of participating in the activity. I accept your right to take such actions for the safety of myself and/ or other participants.
I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. QKD and Being Sons assume no responsibility for providing medical care during the activity, and I will pay all costs for any medical care and/or evacuation.
RELEASE AND WAIVER OF LIABILITY
In considerations of the services provided to me by Being Sons/QKD, I, for myself and any minor children for whom I am parent, guardian or otherwise responsible, do hereby agree to release from liability and save and hold harmless Being Sons/QKD, its directors, officers, agents, employees and volunteers, and each and every land owner upon whose property an activity is conducted from all liability arising from any cause whatsoever and waive any claim for damages by me, my family, estate, heirs or assigns, even if such damage, loss or injury may have been caused solely or partly by the negligence of Being Sons/QKD, its directors, officers, agents, employees or volunteers, or that of a land owner on whose property the activity is conducted.
I further state that I am of lawful age and legally competent to sign this acknowledgement, assumption, and release, and understand that the terms are contractual and not mere recitals. I have fully informed myself of the contents of this acknowledgement, assumption, acceptance, and release by reading it before I signed it and understand the future rights, I am giving up by signing this document. If I am signing this document on behalf of a minor child, I certify that I have the authority to sign on behalf of that minor child and to make decisions for the minor child regarding the activity.
I agree to inform Being Sons/QKD of any allergies, medications or medical conditions that may in any way affect the ability of me or my child to perform any activity that we are likely to engage in.
